If an accused is not legally responsible because of a mental disorder and if the application of Article 19 paragraph 4 or 263 SCC258 is not an option, the public prosecutor shall make a written application to the court of first instance for a measure in accordance with Articles 59–61, 63, 64, 67 or 67b or 67e SCC, without abandoning the proceedings beforehand due to the accused not being legally responsible because of a mental disorder.259
Fussnoten
- [258] SR 311.0
- [259] Amended by Annex No 1 of the FA of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819).
The court of first instance may in consideration of the accused's state of health or to protect the accused's privacy:
conduct the proceedings in the absence of the accused;
exclude the public from the proceedings.
It shall give any private claimant the opportunity to comment on the application made by the public prosecutor and on his or her civil claim.
The provisions on the main proceedings at first instance otherwise apply.